May 27, 2016

Ms. Evelyn D. Sahr Counsel for JetBlue Airways Corporation JetBlue Airways Corporation 1717 Pennsylvania Avenue, NW. Washington, DC 20006

Dear Ms. Sahr:

This responds to JetBlue Airways Corporation ’s April 12, 2016 letter ( Dckt. No. FAA

- 20 16

- 6432 ) pe titioning the Federal Aviation Administration (FAA ) to :

• R econsider the FAA’s March 31, 2016 decision granting American Airlines an exemption

from Title 14 Code of Federal Regulations (14 CFR) § 93.123(a) to operat e one round trip flight (two slots) for se rvice between Ronald Reagan Washington National Airport (DCA) and Lansing Capital Region International Airport (LAN ) ; 1 and

• M odify the terms of American’s exemption by granting JetBlue backup authority to operate the slots in the event American fails to pr ovide the service set forth in its petition. 2

On August 11, 2015 and September 15, 2015, American and Delta, respectively, petitioned the Federal Aviation Administration (FAA) for an exemption authoriz ing the operation of one round trip flight (two slot s) for service between DCA and LAN. Rather than file a petition for exemption, JetBlue filed comment s opposing the grant of exemption authority to either American

or Delta. 3

JetBlue’s failure to petition for an exemption precludes it from petitioning for reconsideration of the FAA’s exemption decision. Section 11.101 of 14 CFR

, en titled “ May I ask FAA to

1 To mitigate hardship on the travelling public, the exemption permits American to provide the nonstop DCA

- LAN service previously granted to Sun Country pursuant to FAA Exemption No. 10466

. The FAA’s March 31, 2016

decision also denied Delta Airlines, Inc.’s petition for exemption seeking similar relief. See Dckt. No. FAA

- 2015

- 3932

- 0009; FAA Exemption Nos. 15867 and 15869.

2 American and the Capital Region Airport Authority submitted comments in opposition to JetBlue’s petition for reconsideration. As we do not reach the merits of JetBlue’s petition, we have not addressed those comments.

3 Dckt. No. FAA

- 2015

- 3 932

- 0005, posted October 20, 2015 as well as Dckt. No s . FAA

- 2015

- 3491

- 0177 and FAA

2015

- 3491

- 0199, which posted on September 28, 2015 and October 30, 2015, respectively.2 2 reconsider my petition for...exemption if it is denied? ” provides : “Yes, you may petition FAA

to reconsider your petition denial.” (emphasis added). Pu rsuant thereto, only pe titioners that have been denied relief may petition for reconsideration of the FAA’ s decision

.

In addition, the exemption process does not provide JetBlue a basis to seek “backup authority” to assume the benefits of an exemption gr anted to another. Generally, e ach exemption provides temporary relief based on unique circumstances . Consequently, the relief granted by exemption is not transferable and when the exemption expires or service authorized by FAA exemption terminates, the o perating authority conferred ceases. After the operating authority ceases, only a new exemption confer s new operating authority (as was done in this matter)

.

Accordingly

, JetBlue’s petition for reconsideration is dismissed in accordance with

14 CFR § 11 .101

.

Sincerely,

/s/

Lorelei Peter Assistant Chief Counsel for Regulations

CC: Dckt. FAA

- 2016

- 6432

Dckt. FAA

- 2015

- 3491

Dckt. FAA

- 2015

- 3932